Neary saw Fratello leave Video Empire, in the 5400 block of North State Road 7 near Tamarac, with a topless dancer whom Neary had previously dated, police said. He followed them and pulled his motorcycle behind Fratello`s car at Prospect Road and State Road 7 and fired one shot from a .30-caliber rifle, police said. The bullet hit Fratello in the neck and lodged in his spine.

Neary acknowledged that he was jealous of Fratello and was intent on shooting his car, but he denied he wanted to kill him.

Psychiatrists said in sworn statements that Neary has a history of psychiatric problems, characterized by impulsive behavior and sharp mood swings. The night of the shooting, Neary said he drank at least 10 cans and one quart bottle of beer.

Neary, the adopted son of a Margate police officer, was scheduled to go to trial this week. But on Monday he asked his attorney, Bruce Lyons, to enter a plea of no contest if Broward Circuit Judge Mel Grossman would sentence him to 12 years in prison.

That is the minimum sentence allowed under state sentencing guidelines for second-degree murder. Grossman said he will decide when he sentences Neary on April 18 if he will agree to the 12 years. If he chooses a harsher sentence, Neary will be allowed to withdraw his plea and go to trial.

Assistant State Attorney Scott Dressler is recommending the maximum sentence called for under the guidelines -- 17 years -- to be followed by 23 years of probation.